Practice question
A defendant promptly files an answer that specifically preserves an objection to personal jurisdiction and also responds to the complaint's factual allegations. The plaintiff argues that any merits response cancels the expressly permitted affirmative defense, regardless of how it was timely raised. Which is sound?
- Every factual denial automatically waives every jurisdictional objection.
- A court should examine the timely affirmative defense under Rule8; merely answering as required does not automatically erase it.
- A defendant must ignore the lawsuit entirely to preserve any objection.
- The answer's title alone conclusively decides service validity.
- A preserved personal-jurisdiction defense guarantees dismissal without examining the facts.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules8§12,14§§20–23 and15.
Answer this question in flashcards to review your response and continue practicing.